Birth Injury Litigation

Medical negligence during delivery or labor can lead to severe birth injuries to infants. These injuries can have a lasting impact on the child as well as their families.

A successful lawsuit could aid in the payment of medical expenses now and in the future as well as lost wages and other damages. However, a successful lawsuit can take years to obtain.

Compensation

Despite the incredible medical advances Mcdonough Birth Injury Law Firm is still an extremely risky process. Both babies and mothers expect that doctors act with professionalism and avoid making mistakes that could have long-lasting consequences. If your baby was injured due to negligence of a medical professional or hospital You might want to speak with an New York cody birth injury lawyer injury lawyer to find out what legal recourse you have.

A successful claim for birth injuries can result in financial compensation. This can be used to pay for current and future medical expenses, lost earnings, emotional distress, and other areas that could cause damage. In certain cases juries and judges could also award punitive damages for unacceptable behavior.

Your attorney will work closely with network experts witnesses to determine what happened and the accepted standard of care. They will go through your records and review the actions of the medical personnel who were present during your delivery. This will assist them to build a strong case and maximize your chances of success.

Before bringing a suit, your lawyer is likely to attempt to talk to the malpractice insurance company. This requires submitting an array of demands which will include a thorough declaration of the losses suffered by your family and the medical evidence that supports them. The malpractice insurance company will make an offer. If a settlement isn't reached, the case will go to trial.

Damages

The amount of damages a plaintiff is awarded may be either financial (such as medical bills) or non-economic (such as suffering and pain). In many cases the jury awards both. The amount of damages an individual victim receives will be based on the extent to which the incident has affected their life, and also the evidence of the past and future losses. Some states also place limitations on the amount an individual jury can award in non-economic damages.

To be able seek compensation, you must prove that the defendant breached their duty of care. This is accomplished through the use of medical documents, expert witness testimony, and depositions. Medical experts are those who are experts in a particular field of medical practice. They review all evidence in the case and can testify at trial, if needed. In cases of birth injuries, the expert will establish that the defendant's actions fell outside the standard of care of an expert in the field with similar experience and training.

In addition to medical experts, attorneys will conduct depositions of any person who might have an interesting story or insight. These are sworn statements that are made outside of court and permit lawyers to inquire of witnesses directly what happened. Some depositions are conducted via the phone or through a video conference, however most are held in a courtroom. These depositions can be difficult and stressful but they are essential in establishing a strong argument and obtaining the best compensation for clients.

Statute of Limitations

Like most states, New York requires that medical malpractice claims be filed within the timeframe of limitations. Parents have two and one-half years from date of an act, omission or failure believed to have led to the injury of their child to file a lawsuit.

Your attorney will be able to review the medical records of your child to determine if any obstetricians or nurses along with other hospital staff were involved in the birth of your daughter or son. The attorney can seek any relevant documents and information that may help determine the reason for the injuries to your child.

Your lawyer must prove that there was a breach of contract by establishing that the defendant owed the child a duty and violated it by failing to provide the proper care under similar circumstances. To demonstrate this, your attorney will work with medical experts in comparing the medical professional's actions to accepted practices and procedures.

A lawyer can also help you find witnesses who can testify about your case. These professionals can give an important insight into the doctor's decision-making process and how a specific mistake or omission caused the birth injury suffered by your child. Your lawyer could then use this evidence to support your claim for compensation. A successful medical malpractice claim involves two separate legal claims: one for the injured child and one for parents.

Expert Witnesses

Families can get compensation for medical expenses, lost wages resulting from absences from work, rehabilitation treatments and therapies and costs for long-term care with the right assistance. But the key to successfully winning a birth injury case is having the best experts available for your case.

They will review the evidence and offer a professional opinions on whether a medical professional has violated their duty of care by performing an action that could have led to an infant's injuries. They can simplify medical terms for a jury or judge to understand.

The expert witness's job is to offer an objective medical opinion that is reflective of the current state of the art as of the date of the event. This means that they cannot ignore relevant information in order to create a more favorable perspective for either the plaintiff or defendant.

Experts should also examine the relevant medical records and contemporaneous publications with enough depth to allow them to form a sound opinion. In certain instances, an expert may be asked to give an oath in the courtroom. These sessions can be intimidating but they are an essential element of preparing for a case. Your attorney can assist you prepare for these sessions and ensure that you are treated fairly.